Ex-Gov. Cuomo wins legal battle, state's ethics commission ruled unconstitutional

Former Gov. Andrew Cuomo, who resigned from office in scandal in Aug. 2021, triumphed Monday in court against the state's new ethics commission, effectively ending the agency's operations.

In a legal challenge to the Commission on Ethics and Lobbying in Government, the commission was declared unconstitutional by state Supreme Court Justice Thomas Marcelle. The commission was created in the wake of Cuomo's ouster to pursue violations of state ethics laws, replacing an older body that was widely seen as susceptible to the former governor's influence.

What did the judge's ruling say about ethics group?

Marcelle ruled that the commission, designed to be more independent from the executive branch, improperly usurped the governor's power to enforce ethics laws. His decision means that the commission no longer has any authority to operate, though he left the door open for some pared-down version of the commission after additional hearings.

How did the commission, Hochul respond?

In a joint statement, commission Chair Frederick Davie and Executive Director Sanford Berland said that they "respectfully disagree with the court’s result and are reviewing all options, including, if appropriate, interim legislation."

"New Yorkers have the right to an ethics commission that is truly independent and fully empowered to administer and enforce the state’s ethics and lobbying laws objectively, even-handedly, and without regard to the rank, position, or political affiliation of those we regulate and without interference from any branch of government," the pair said.

Avi Small, a spokesperson for Gov. Kathy Hochul, said that Marcelle's ruling "undermines the independent ethics commission created by Governor Hochul" and added that Hochul would coordinate with the commission on an appeal.

Why was Cuomo in commission's crosshairs?

The commission was pursuing Cuomo over his $5 million book deal that had been approved by the commission's predecessor, the Joint Commission on Public Ethics. However, JCOPE revoked its stamp of approval over alleged misrepresentations about the role of state employees in the drafting of Cuomo's book, American Crisis: Leadership Lessons from the COVID-19 Pandemic.

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Cuomo succeeded last year in fighting JCOPE over its reversal of approval for his book, which had already published by that point. But Monday's decision reaches much further than that prior win, striking at the heart of the new commission's fundamental authority to operate.

“As we’ve said all along, this was nothing more than an attack by those who abused their government positions unethically and — as the judge ruled today  unconstitutionally for political purposes," commented Rich Azzopardi, a spokesperson for the former governor.

What's next for NY's ethics group?

Appellate lawyer Rob Rosborough said that even though the state's expected appeal would allow the commission to operate temporarily, Marcelle's ruling "kind of hamstrings" its enforcement power.

Rosborough, who is a partner at the Albany-based firm Whiteman Osterman & Hanna, explained that there are several ways the legislature could work to modify the commission in order to satisfy Marcelle's concerns. But it remains an open question whether a third iteration of this ethics agency could continue to pursue Cuomo over the proceeds for American Crisis.

"It all depends on what the judge ultimately does for the final judgement in the case," he noted.

Asher Stockler is a reporter for The Journal News and the USA Today Network New York. You can find him on Twitter at @quasiasher or send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.

This article originally appeared on Rockland/Westchester Journal News: Cuomo wins legal battle, NY ethics commission ruled unconstitutional